Inherent Powers of Court under CPC
Inherent Powers of the Court under CPC
1. What are Inherent Powers?
Inherent powers refer to the special powers vested in courts to make orders necessary for the ends of justice or to prevent abuse of the court’s process, even if such powers are not explicitly provided under the procedural law.
These powers are exercised only when no other specific provision of the CPC applies and are meant to supplement procedural rules to ensure fairness and justice in the trial of cases.
2. Legal Provision for Inherent Powers:
The inherent powers of courts are codified in Section 151 of the CPC, which states:
Section 151 CPC:
"Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court."
3. Purpose and Scope:
To fill gaps where procedural law is silent or inadequate.
To prevent miscarriage of justice.
To curb abuse or misuse of court procedures.
To ensure fair and just decision-making.
4. Important Characteristics of Section 151 CPC:
Residual Power: It is a residuary and residual power, exercised only when no other remedy is provided by the CPC.
No Contravention: It cannot be exercised in a manner inconsistent with any specific provision of the CPC.
Extraordinary Nature: It is used sparingly and only in exceptional circumstances.
Prevention of Abuse: It protects the court’s processes from being misused or abused.
5. Examples of Exercise of Inherent Powers:
To set aside a decree obtained by fraud.
To extend time for doing an act where no other provision exists.
To stay proceedings in certain situations.
To strike out a party or pleadings for abuse of process.
To condone delay where no other provision applies.
To suo moto initiate proceedings to prevent injustice.
6. Difference Between Section 151 and Other Provisions (e.g., Order 39, Section 5 Limitation Act):
Section 151 is a general power to meet any situation not covered by specific rules.
For example, Order 39 Rules 1 & 2 CPC provide for injunctions; courts cannot use inherent powers to grant injunctions where Order 39 applies.
Similarly, Section 5 of Limitation Act allows condonation of delay; inherent powers cannot override this.
7. Important Case Laws on Inherent Powers under Section 151 CPC:
1. M/s. DDA v. Skipper Construction Co. (1996) 3 SCC 622
Held: The inherent powers under Section 151 can be exercised to set aside a judgment or order obtained by fraud or collusion.
Reason: To prevent abuse of the court’s process.
2. Shri Annapurna Traders v. H.R. Gupta, AIR 1968 SC 1165
Held: Section 151 empowers the court to pass any order necessary to prevent abuse of the court’s process or to secure ends of justice.
Significance: Courts have wide discretion but must act judicially.
3. K.K. Verma v. Union of India, AIR 1956 SC 316
Held: Inherent power should be exercised sparingly and only to do real justice.
Reason: It is not meant to override statutory provisions.
4. Nair Service Society Ltd. v. K.C. Alexander, AIR 1968 SC 1161
Held: Section 151 cannot be used to nullify or override a statutory right or remedy.
5. State of Punjab v. Joginder Singh, AIR 1994 SC 1344
Held: Inherent powers can be used to prevent abuse of court process but cannot be exercised in a manner contrary to the provisions of CPC or other laws.
8. Limitations on the Use of Inherent Powers:
Cannot be exercised if there is a specific provision in the CPC or any other law that deals with the matter.
Cannot be used to bypass or overrule express statutory provisions.
Must be exercised judicially and with caution.
Should not be invoked to prolong litigation unnecessarily.
9. Practical Examples:
If a party obtains a decree by fraud, and there is no specific remedy under CPC, the court can invoke Section 151 to set aside the decree.
If a party fails to appear due to circumstances not covered under rules, the court may use inherent powers to restore the suit.
To prevent parties from misusing court procedures by filing repetitive or vexatious applications.
Summary Table:
| Aspect | Details |
|---|---|
| Legal Provision | Section 151 CPC |
| Nature | Residual, inherent, extraordinary power |
| Purpose | Ends of justice, prevent abuse of process |
| Scope | When no other provision applies |
| Limits | Cannot override statutory provisions |
| Examples | Setting aside fraud decree, restoring suits |
| Exercised by | Civil courts, trial courts, appellate courts |
| Important Cases | DDA v. Skipper, Shri Annapurna Traders, Nair Service Society |
Conclusion:
Section 151 CPC endows courts with inherent powers to ensure that justice is done and that the process of the court is not abused. It acts as a safety valve in the legal system, allowing courts to act flexibly and justly where procedural laws are silent or insufficient. However, these powers are to be used cautiously and sparingly, ensuring they do not contradict existing statutes or cause procedural chaos.
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